Events

City Council Meeting Text Size

Event takes place on May 20, 2014 at 7:00 PM
City Hall Council Chambers, 536 Dwight St.

AGENDA FOR THE CITY COUNCIL
May 20,2014

LAID ON THE TABLE

1. Petition of Fara Bahrehmand, Yellow Cab for a renewal of 2 taxi cab license
PUBLIC COMMENT

COMMUNICATIONS

2. City Council minutes of previous meeting of May 7, 2014

3. City Council Minutes of Special meeting on May 13, 2014

4. From Kara Lamb Cunha, legal opinion re: Acquisition of 400 High Street ( The Essex House )

5. From Kara Lamb Cunha, letter re: Update on the demolition of 400 High St. ( The Essex House )

6. From Brian G. Smith, City Auditor re: General Fund and Waste Water Treatment Plant appropriations budget report as of April 30, 2014

7. From Marcos A. Marrero, letter re: Passenger Rail Project – Property Acquisition Summary

8. From Massachusetts Department of Revenue letter re: New Officials Finance Forum

9. From Parks & Recreation, minutes of April 9, 2014

PETITIONS

10. Petition of Martha J. May, 37 Clark St. for a renewal of a home occupation for Machine Quilting Services

11. Petition of Carmen Garcia for a new motor vehicle repair garage at 640 South Bridge St.

12. Petition of Ana Vega, for a new motor vehicle repair garage at 460 Main St.

13. Petition of Daniel Rios for 1 new pool table at 293 Clemente St.

14. Petition of ECOATM, Inc. for a new second hand license at 50 Holyoke St. (Holyoke Mall)

15. Petition of Joseph Harfoush, for a new livery license, vehicle is to be garaged at 395 Maple St.
PRESIDENT’S REPORT

REPORTS OF COMMITTEES

16. Ordinance Committee Reports (if any)

16A. The Committee on Ordinance to whom was referred an order that a handicap sign be placed at 6 Center St. for Antonia Santiago Placard No. P76200002 Recommend that the handicap placard be granted

16B. The Committee on Ordinance to whom was referred an order that the City Council review all of the parking spaces on the deck behind City Hall and create ordinances that assign at least 5 15 minute parking spaces to visitors and reserve additional spaces for all of the City Hall employees who merit a space based on the frequency with which they travel to and from their offices Recommend the order be adopted as amended

16C. The Committee on Ordinance to whom was referred an order that the Creative Economy Industry Coordinator position repeal date be extended by amending the PR Classification Schedule of Chapter 2 and the 115th Amendment to Chapter 2 to strike the following sentence: “this ordinance shall automatically be repealed by two years from the date of passage” and replacing it with this ordinance shall automatically be repealed on June 30th of 2016 Recommend that the order be adopted

16D. The Committee on Ordinance to whom was referred an order that the City of Holyoke’s vehicle that the Mayor uses shall have the City of Holyoke Seal located on the front drivers side and passenger side doors. Also the vehicle shall be registered with plates designated “official” recommend that the order be adopted

16E. The Committee on Ordinance to whom was referred an order that the DPW remove the handicap parking sign at 33 O’Connor Ave, resident has moved and handicap parking is no longer needed Recommend that the order be adopted

16F. The Committee on Ordinance to whom was referred an order that the DPW remove the handicap sign in front of 805 High St. the occupants no longer live there Recommend that the order be adopted

16G. The Committee on Ordinance to whom was referred an order that the City cease and desist the policy of allowing take home vehicles for municipal employees until the process can be adequately and thoroughly reviewed this should exclude vehicles used for public safety
Soto: Order all municipal vehicles have identifiable placards in addition to having a phone number where concerned residents can identify the vehicle and call with complaints.  This should exclude vehicles for public safety. Recommend that the order be given leave to withdraw

16H. The Committee on Ordinance to whom was referred an order that the City provide a parking space specifically for the City Solicitor on top of the parking deck adjacent to City Hall Recommend that the order be given leave to withdraw

16I. The Committee on Ordinance to whom was referred an order that City employees taking a vehicle home outside of work hours pay a weekly fee for the use of a public vehicle.  This fee shall be no less than the cost incurred by the City for the use, insurance, gas etc. associated with the private use of the vehicle or $100.00 per week or as otherwise set by the City Council.  No employee shall be required to take a city owned vehicle home. Recommend that the order be given leave to withdraw

16J. The Committee on Ordinance to whom was referred an order Ordered Sections 6.1.3 (Parking Setbacks), Section 6.5 (Performance Standards) and Section 6.6 (Landscaping Requirements) and any related Sections of the Zoning Ordinances be reviewed for update.
Alexander: Ordered that each Zone/Use pair in Zoning Ordinance Table 4.3 (Principal Uses) and related zoning legislation be considered for amendment to update the permit requirement where a use-by-right requires a permit from Special Permit of the City Council to a Special Permit by the Planning Board under all conditions currently required for issuance of the same permit by the City Council. Recommend that the order be given leave to withdraw

17. Finance Committee Reports (if any)

17A. The Committee on Finance to whom was referred an order that in accordance with M.G.L. Chapter 44 Sec. 53A, the City Council hereby accepts the provisions of the “Greening the Gateway Cities” grant and authorizes the establishment of a Fund or other method appropriate for the accounting of the receipts and expenditures of all resources associated with the administration of said grant. Recommend that the order be adopted

17B. The Committee on Finance to whom was referred an order that the amount of Eight Thousand & 00/100 Dollars ($8,000) be authorized from the Police Department’s FY2013 SSYI Grant (1011-52000) appropriation in fiscal year 2014 for services rendered in fiscal year 2013 which were unencumbered at the 2013 fiscal year end. Recommend that the order be adopted

17C. The Committee on Finance to whom was referred an order that the amount of Nine Thousand Six Hundred Thirty Five & 00/100 Dollars ($9,635.00) be authorized from the Planning & Economic Development Department’s Smart Growth Zone Incentive (MGL Ch.40R)  (1376-57000) appropriation in fiscal year 2014 for services rendered in fiscal year 2013 which were unencumbered at the 2013 fiscal year end. Recommend that the order be adopted

17D. The Committee on Finance to whom was referred Financial Transfer $14,038 FROM: General Fund Free Cash TO Pay: Vacation Leave Buyback $9,038 and Pay Sick Leave Buyback $5,000 (Auditor Recommend that the financial transfer be approved

17E. The Committee on Finance to whom was referred that in accordance with M.G.L. Chapter 44 Sec. 53A, the City Council hereby accepts the provisions of the “Home Depot Foundation Fire Station # 6 Support” grant and authorizes the establishment of a Fund or other method appropriate for the accounting of the receipts and expenditures of all resources associated with the administration of said grant. Recommend that the grant be approved

17F. The Committee on Finance to whom was referred an order whereas,  Carlos Vega Park is a community-wide asset and the preservation and improvements to this facility is a priority as evidenced in the most recent Open Space and Recreation Plan; and,

                                              Whereas,  Carlos Vega Park is dedicated to park and recreation purposes under MGL Chap. 45, Sec. 14; and
 
                                               Whereas,  The Executive Office of Energy and Environmental Affairs (EOEEA) is offering reimbursable grants to cities and towns to support the preservation and restoration of urban parks through the Common backyards Grant Program; and

                                               Whereas,  The renovation of Carlos Vega Park will cost a total of $200,000 (two hundred thousand dollars) and the City has designated $200,000 in fiscal year 2014 Community Development Block grants to fund this project..

NOW, THEREFORE BE IT:

That the Mayor be and is hereby authorized to file and accept grants from the Executive Office of Energy and Environmental Affairs; and

The EOEEA is offering a reimbursable grant $200,000 for the renovation of Carlos Vega Park, and

That by accepting this grant, Carlos Vega Park shall remain open to the general public and used for appropriate outdoor recreation in perpetuity; and

That the Mayor be and is hereby authorized to take such other actions as are necessary to carry out the terms, purposes, and conditions of this grant to be administered by the Department of Public Works; and

That this resolution shall take effect upon passage. Recommend that the grant be approved

17G. The Committee on Finance to whom was referred an order to accept the provisions of the Pioneer Valley Regional Brownfields Cleanup Revolving Loan Fund sub grant ($247,000) Recommend that the grant be approved

17H. The Committee on Finance to whom was referred an order that the City Treasurer appear before the finance committee to discuss the recent hiring of three new employees in his office Recommend that the order has been complied with

18. Public Safety Committee Reports (if any)

19. Public Service Committee Reports (if any)

19A. The Committee on Public Service to whom was referred an order That the City Clerk create and present a plan to ensure publication online as part of a comprehensive municipal code of ordinances, any changes or revisions within 7 days of adoption by the Council. Further ordered, that such a plan be presented within 90 days of adoption of this order, and implemented within 180 days of the authorization of any expenses necessary for its implementation Recommend that the order has been complied with

19B. The Committee on Public Service to whom was referred an order that the City Clerk establish and maintain a data file of all Home Occupation Permits granted including the original application and any conditions attached thereto at granting, that this information be available for public inspection and that any complaints or enforcement actions against any Permit Holder be maintained in the same set of files. Recommend that the order has been complied with

19C. The Committee on Public Service to whom was referred an order that the city council with the clerk’s office, review all permit applications available through the clerk’s office to make sure that they clearly articulate who may need a particular permit, for what purpose(s) the permit may be obtained, and the information that the applicant must provide in order for the city council or other relevant departments to make a fair assessment of whether the permit should be granted. Recommend that the order has been complied with

19D. The Committee on Public Service to whom was referred an order that the Superintendent of Public Schools be invited to come before the Public Service Committee following his State of the Schools address for a round table discussion of his vision for the schools and to give the Councilors a forum to dialogue with him on issues related to the Holyoke schools and city. Amended to request the Superintendent to provide a copy of his written remarks from his State of the Schools Address.  This will allow councilors time to prepare questions. Recommend that the order has been complied with

19E. The Committee on Public Service to whom was referred City Council review of Mayoral appointee Ms. Janet Stupak to serve as on the Library Board of Directors for the City of Holyoke Recommend that the appointee be confirmed

20. Development and Governmental Relations Committee Reports (if any)

20A. The Committee on Development and Governmental Relations to whom was referred an order that MA DOT will send a representative to Holyoke to provide updates to the community on public works projects managed by the Commonwealth within the City. Recommend that the order has been complied with

20B. The Committee on Development and Governmental Relations to whom was referred an order that the City Council and those responsible for the demolition of the Farr mansion be delayed until a community hearing is held and where all parties have met for the purpose of a resolution that satisfies all parties and residents. Recommend that the order be given leave to withdraw

20C. The Committee on Development and Governmental Relations to whom was referred an order that the City Council invite in the Holyoke Historic Commission and or the MA Historical Commission to discuss listing Lyman Terrace on the National Register for  it’s association with the history of public housing in the United States and b. embodying design characteristics that are distinctive to the period of time in which they were constructed Recommend that the order be given leave to withdraw

20D. The Committee on Development and Governmental Relations to whom was referred an order that the Council enact an ordinance to allow, by vote of the Council, an extension for up to 6 months of any active or expired demolition delay. Recommend that the order be referred to the Ordinance Committee

20E. The Committee on Development and Governmental Relations to whom was referred an order that the Economic Development Director appear before the Council to discuss the plans with Pleasant Crossing and to explain why the reverter clause has been extended at least nine times to the current owner yet no development has taken place on this vacant lot. Recommend that the order has been complied with

20F. The Committee on Development and Governmental Relations to whom was referred an order that the Holyoke Housing Authority to be invited to come to City Council to give public an update on Lyman Terrace and any other development projects. Recommend that the order has been complied with

20G. The Committee on Development and Governmental Relations to whom was referred an order that the City Council adopt the following resolution “Supporting Responsible Downtown Economic and Community Development at Lyman Terrace Recommend that the order be given leave to withdraw

21. Charter and Rules Committee Reports (if any)

MOTIONS, ORDERS AND RESOLUTIONS

22. BARTLEY — The President of the Holyoke City Council send a communication the form of a letter or resolution to Holyoke’s state delegation (State Representative and State Senator) stating the following: that the City Council of the City of Holyoke fully supports an amendment to the Commonwealth’s FY15 budget, and each of its future budgets, that provides for full funding M.G.L. Chapter 41, Section 108L. This section of the law is commonly known as either the“Police Career Incentive Program” or the “Quinn Bill”. This section has not been fully funded for several years but it is still current Law. The City of Holyoke adopted the Quinn Bill because the Law provided that the state would pay one-half of a financial incentive to Holyoke’s police officers and,in exchange, the City of Holyoke’s taxpayers would pay one-half. The City upheld its’ end of the Law but the state has reneged and as a result Holyoke bears the burden of this unfunded state mandate.

23. BARTLEY — Due to concerns about speeding on Hillside Ave. between Cherry St. and Westfield Rd., the City Engineer review existing data and recommend whether or not the current 30 MPH limit should be changed to a lower limit.

24. BARTLEY — HPD monitor compliance with speed limits on Hillside Ave. between Cherry St. and Westfield Rd. Report back to City Council with any findings and recommendations.

25. BARTLEY — Ordered, that the City Council vote to accept the acquisition of an easement granted by the Holyoke Gas & Electric Company to the City of Holyoke for the construction and development of the Passenger Rail Platform project. Said easement is over the land described in the Hampden County Registry of Deeds Book 17843, Page 186 and as shown on the “Easement Plan, Plan of Land in Holyoke, MA, Hampden Registry, prepared for Michael Baker Corporation” dated 04-09-2014 and prepared by Northeast Survey Consultants, PC. A copy of the easement agreement is attached hereto.

26. BARTLEY — Ordered, that the City Council vote to approve the Consensual Order of Taking to acquire by eminent domain and in fee simple absolute a 5,660 square foot parcel for the construction and development of the Passenger Rail Platform project, and to award damages for said taking in the amount of $25,000.00. Said parcel is a portion of MBP 033-05-006, as shown on the plan entitled Approval Not Required, Plan of Land in Holyoke, MA, Hampden Registry, prepared for Michael Baker Corporation” dated 04-09-2014 and prepared by Northeast Survey Consultants, PC. A copy of the Consensual Order of Taking and Accepted Offer are attached hereto.

27. BARTLEY — Ordered, that the City Council vote to approve the Order of Taking to acquire by eminent domain and in fee simple absolute a 9,382 square foot parcel and the building located thereon for the construction and development of the Passenger Rail Platform project, and to award damages for said taking in the amount of $113,500.00. Said parcel is MBP 033-05-007, as shown on the plan entitled Approval Not Required, Plan of Land in Holyoke, MA, Hampden Registry, prepared for Michael Baker Corporation” dated 04-09-2014 and prepared by Northeast Survey Consultants, PC. A copy of the Order of Taking and Offer are attached hereto.

28. JOURDAIN — that Meghan Sullivan (with any other additional representatives she deems appropriate) appear before the City Council’s Finance Committee to discuss the process and legal underpinnings of the Heather Egan exit agreement.  That this occur as soon as humanly possible.

29. LISI — That the city council consider whether its more appropriate for the Planning Board or the City Council to issue any of the special permits that are not explicitly listed in Table 4.3 (Principal Uses)  of the Zoning Ordinances

30. MCGEE — that in accordance with M.G.L. Chapter 44 Sec. 53A, the City Council hereby accepts the provisions of the “H.H.C. Sub-recipient (INTF425HHC)” grant and authorizes the establishment of a Fund or other method appropriate for the accounting of the receipts and expenditures of all resources associated with the administration of said grant.

31. MCGEE — that there be and is hereby appropriated by transfer in the fiscal year 2014, Two Hundred Fifty & 00/100 Dollars ($250) as follows: (Clerk’s Office)

FROM:
11612-53430 Advertising $250
TOTAL: $250
TO:
11612-57100 In-state Travel $250
TOTAL: $250

32. MCGEE — that in accordance with M.G.L. Chapter 44 Sec. 53A, the City Council hereby accepts the provisions of the “MA Gaming Commission-MGM #1″ grant and authorizes the establishment of a Fund or other method appropriate for the accounting of the receipts and expenditures of all resources associated with the administration of said grant.

Addendum:
The listing of matters are those reasonably anticipated by the chair which may be discussed at the meeting.
Not all items listed may in fact be discussed and other items not listed may also be brought up for discussion to the extent permitted by law


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